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TwitThisVerdict: The Case of the Lightning Strike
A New Jersey trial court ruled the club didn't have a legal duty to protect against acts of God and had no liability for Maussner's injuries. The judge noted that Maussner chose to walk across an open field when he could have sought shelter or lain down. Maussner appealed to a higher court.The Superior Court of New Jersey said injuries through acts of God don't exempt courses from liability. When a golf course takes steps to protect players from lightning strikes, it must implement safety precautions properly. It added that a jury should decide whether the club did so in the way it posted evacuation notices and monitored dangerous conditions, and if it should have built shelters and provided an audible signal. If a course uses a safety feature, "it owes a duty of reasonable care to its patrons to utilize it correctly," said the court.
Facing liability for Maussner's injuries, the Atlantic City Country Club decided to pay him a financial settlement rather than go to trial. Eventually Maussner made it back to the links with protective footwear -- and an extra dose of caution.
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